The story so far: The Supreme Court on October 16 referred the challenge to the validity of the electoral bonds scheme which facilitates anonymous donations to political parties to a Constitution Bench of five judges. A Bench led by the Chief Justice of India (CJI) D.Y. Chandrachud and also comprising Justices Sanjiv Khanna, B.R. Gavai, J.B. Pardiwala, and Manoj Misra is set to hear final arguments in the case on October 31 after a gap of more than two years, as the last effective hearing took place in March 2021. The case has been pending in the Supreme Court for over eight years now and its outcome is expected to have a significant bearing on the Lok Sabha elections scheduled to take place next year.
Underscoring why the matter necessitated the reference to a larger bench, a Bench led by the Chief Justice of India (CJI) observed — “In view of the importance of the issue which is raised and having due regard to the provisions of Article 145(3) of the Constitution, we are of the considered view that the batch of petitions be listed before a Bench of at least five-Judges.” Article 145(3) stipulates that cases that involve a substantial question of law relating to the interpretation of the Constitution should be heard by a bench of at least five judges.
In the wake of this development, The Hindu looks at the contentious issues surrounding the legality of the electoral bonds scheme.
